Okla. Stat. tit. 22, § 22-305.3

A. Both the State of Oklahoma and the accused may mutually

terminate the deferred prosecution at any time, and the case shall

proceed as if there had been no agreement. If the State of Oklahoma

makes the termination decision unilaterally, it shall only do so in

light of all the relevant circumstances of the case. Arrest of the

accused for a subsequent offense shall not automatically terminate

the agreement. If the State of Oklahoma should decide to terminate

the agreement, it shall:

1. Send a written notice of termination to the accused and the

attorney for the accused, if any, explaining the reasons for the

termination;

2. Disclose to the accused or the attorney for the accused the

evidence supporting the decision to terminate; and

3. Afford the accused the opportunity to be heard and present

evidence, and cross-examine witnesses before a judge of the district

court. The accused shall have ten (10) days from the date of

mailing of the notice to file a written request with the court clerk

for the county in which a charge is pending for the hearing, after

which the right to a hearing shall be waived. The burden shall be

upon the State of Oklahoma to prove that the accused did not fulfill

the conditions of the agreement, and that an information should be

filed.

B. On and after the effective date of this act, if an agreement

is terminated by the State of Oklahoma for failure of the person to

comply with the terms of the deferred prosecution agreement, the

termination document and supporting documentation shall be open to

the public.

C. If an agreement is terminated by the State of Oklahoma and

the accused is subsequently tried before a jury, the court shall

instruct the jury not to consider any delay in prosecution while the

accused was participating in the deferred prosecution program.